Refusing a DUI Test in Miami: Consequences and Defense

Refusing a DUI Test in Miami: Consequences and Defense

In the state of Florida, all drivers are required to submit to testing if their sobriety is questionable. Call the Miami DUI defense lawyers at Hubbs Law Firm if you have been arrested for DUI and refused testing.

Under Florida’s implied consent law, any person who accepts the privilege of driving in the state has effectively consented to submit to an approved chemical or physical test, such as a Breathalyzer, blood test, urine test, or field sobriety tests. However, in 2011, the Florida Supreme Court held that a person’s license could not be suspended for refusing a Breathalyzer test if the DUI arrest was unlawful.

This means if you were stopped without reasonable cause, you may be able to fight the suspension. Otherwise, refusing to take a Breathalyzer test results in a mandatory license suspension:

• 1st offense DUI – 1 year suspension
• 2nd offense DUI – 18 month suspension
• 3rd offense DUI – 18 month suspension

Additional consequences like jail time could also result from a 2nd or 3rd refusal. So should you refuse the breath test?

To Blow or Not to Blow?

In most cases, refusing the breath test is not helpful when arrested for DUI in Florida, even though the penalty may be less than a DUI conviction. If convicted of DUI, you face fines, possible jail time, required ignition interlock device, etc. That’s the worst case scenario.

With a first offense DUI, if you blow under 0.16% BAC and meet other criteria, you may qualify for diversion program instead of a conviction. Your attorney may also get you a temporary license or reduced charges if you took the breath test.

Refusing the test doesn’t guarantee you won’t be convicted of DUI if driving was extremely erratic. And prosecutors may use your refusal against you as an admission of guilt.

Forced Blood Draws

In Broward and Palm Beach counties, forced blood draws are allowed after refusal, though this is controversial legally. Other Florida courts have upheld forced blood draws as constitutional.

Police do need a warrant absent exigent circumstances. This issue will likely continue to be debated in courts.

Why Fight Florida DUIs

Many people don’t fight DUI charges because they’re embarrassed or think the state always wins. But fighting a DUI is worth it:

• Less than 2/3 of DUI tickets in 2011 got convictions in major Florida counties
• DUI conviction can affect your future for years
• Can result in fines, jail time, suspension, required classes, etc.

DUI laws change constantly. Overall, refusing the breath test has no real benefits vs taking it and fighting the case with an attorney.

Having a knowledgeable DUI defense attorney review your case is critical, as many options exist to fight a DUI and avoid a damaging conviction.

Finding the Right DUI Defense

When looking for a DUI defense attorney, be sure to find someone experienced specifically in DUI law. Check client reviews and case results. Meet or consult with the attorney directly before hiring.

Key questions to ask any attorney you consider:

• How long have you practiced DUI defense?
• What is your case dismissal rate?
• Will you handle my case personally?
• What are all my options if I refused the breath test?

A knowledgeable attorney will explain your options in detail, including potential defenses, diversion programs, plea bargains, or trial strategies. They should review your arrest details for any police errors.

Having an expert DUI defense lawyer on your side can mean the difference between avoiding a conviction altogether versus jail time and heavy fines. Don’t take chances with your future.

References

Refusing a DUI Test in Florida | Miami DUI Defense Attorneys – Hubbs Law Firm
DUI Test Refusal Defense Attorney in Miami – The Hoffman Firm
Refusing to Take a Breathalyzer – Ayo and Iken
DUI Refusal Attorney Miami, FL | Hager & Schwartz, P.A.
Everything You Need to Know About DUI Refusal | Miami Shores Drunk Driving Defense Lawyer – Mark Eiglarsh
What happens if you refuse to perform a breath test?